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Bombay High CourtCAF/1647/2021disposedoff

Executive Engineer, Bembla Project, Yavatmal And Another v. Sau. Sumanbai Nanaji Nimrad And Others

2021-08-26Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

13CAF 1647.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 1647 OF 2021 IN FIRST APPEAL NO. 4 OF 2020 (Executive Engineer, Bembla Project, Yavatmal & Anr. Vs. Sau. Sumanbai Nanaji Nimrad & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Ms. A.S. Athalye, Advocate for the appellants. Shri S.V. Ingole, Advocate for the applicant/ respondent No.1.

Mrs. M.H. Deshmukh, A.G.P. for respondent Nos.2 and 3.

.....

CORAM : PUSHPA V. GANEDIWALA, J.

AUGUST 26, 2021.

Heard.

2] This is an application filed on behalf of the applicant/ respondent No.1 seeking permission for withdrawal of the decreetal amount, i.e., Rs.97,026/-, which was deposited by the appellants with the Registry of this Court vide Pursis St. No. 12959/2019 dated 24/09/2019.

3] Considering the amount involved, so also considering the reasons mentioned in para 2 and 3 of the application, the same is allowed. The applicant/ respondent No.1/ decree holder is permitted to withdraw the entire decreetal amount, i.e.,

13CAF 1647.2021 Rs.97,026/- along with interest accrued thereon, on furnishing usual undertaking before the Registrar (Judicial).

4] Civil Application stands disposed of.

JUDGE Sumit